Current location - Trademark Inquiry Complete Network - Trademark registration - How to punish Tmall Store for being complained of intellectual property infringement?
How to punish Tmall Store for being complained of intellectual property infringement?

(1) The crime of counterfeiting a registered trademark.

according to article 213 of the criminal law, anyone who uses the same trademark as the registered trademark on the same commodity without the permission of the registered trademark owner, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

(2) the crime of selling goods with counterfeit registered trademarks.

according to article 214th of the criminal law, whoever knowingly sells goods with counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

(3) the crime of illegally manufacturing or selling illegally manufactured registered trademark marks.

according to article 215 of the criminal law, whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

(4) the crime of counterfeiting patents.

according to article 216 of the criminal law, whoever imitates another person's patent, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined.

(5) the crime of copyright infringement.

according to article 217 of the criminal law, anyone who, for the purpose of making profits, commits one of the following cases of copyright infringement, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

(1) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner; (2) publishing books that others enjoy exclusive publishing rights; (3) Reproduction and distribution of audio and video recordings made by the producer without permission; (4) Making or selling works of art with fake signatures of others.

(6) the crime of selling infringing copies.

according to article 218 of the criminal law, anyone who knowingly sells infringing copies specified in article 217 of this law for profit, and the amount of illegal gains is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined.

(7) the crime of infringing on business secrets.

according to article 219th of the criminal law, anyone who infringes on business secrets and causes heavy losses to the obligee of business secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; Whoever causes especially serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

1. obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means;

2. disclosing, using or allowing others to use the business secrets of the obligee obtained by the means mentioned in the preceding paragraph;

3. exposing, using or allowing others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee on keeping business secrets.

knowing or should know the acts listed in the preceding paragraph, acquiring, using or exposing other people's trade secrets is regarded as infringement of trade secrets. The term "trade secrets" as mentioned in this article refers to the technical information and business information that are not known to the public, can bring economic benefits to the obligee, are practical and have been kept confidential by the obligee. The obligee mentioned in this article refers to the owner of a trade secret and the user of the trade secret with the permission of the owner.

(8) if a unit commits the crimes specified in articles 213th to 219th of this section, it shall be fined, and the directly responsible person in charge and other responsible personnel shall be punished according to the provisions of each article of this section. In addition, in practice, the crime of infringing intellectual property rights may also be dealt with with as follows:

1. As stipulated in Section 1 of Chapter III of the Specific Provisions of the Criminal Law (Articles 14-15)? "Crime of producing and selling fake and inferior commodities" includes nine crimes, including producing and selling fake and inferior products, counterfeit drugs and inferior drugs, food that does not meet the hygiene standards, toxic and harmful food, medical equipment that does not meet the standards, products that do not meet the safety standards, fake and inferior pesticides, veterinary drugs, fertilizers, seeds and cosmetics that do not meet the hygiene standards.

2. The crime of smuggling stipulated in Articles 133 and 135 of the Criminal Law. (Article 19 of China's Customs Law stipulates that if goods are imported or exported that infringe intellectual property rights protected by Chinese laws and administrative regulations, the customs shall confiscate the infringing goods and impose a fine according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. )

3. The crime of illegal business operation stipulated in Article 225 of the Criminal Law.

4. Related crimes also involve organized crime, terrorist crime, money laundering crime, etc.

in practice, if the infringement of intellectual property rights is serious, it may rise to the field of criminal law and constitute a crime. Under different torts, the suspected criminal offence may be different, so the specific punishment will be different.